State of Arizona v. Jerry Charles Holle

Summary

The court held that lack of sexual motivation under A.R.S. § 13-1407(E) is an affirmative defense to sexual abuse and child molestation, not an element the State must prove. It therefore upheld the jury instruction requiring Holle to prove the defense by a preponderance of the evidence, concluding that this allocation does not violate due process. The court vacated the court of appeals’ opinion and affirmed Holle’s convictions and sentences.